Personal Injury refers to physical or psychological injury or illness that is caused by the negligence of another. A successful personal injury claim will result in financial compensation for the injured party. Personal injury claims are subject to time limitations. In the UK, you are able to make a claim within 3 years of the accident. While filing a personal injury claim with an insurance company after an accident, you must be prepared to negotiate a settlement with the claims adjuster. Here, is the Guide: What is personal injury claim settlement process?
What is the insurance negotiation process?
Negotiating a settlement is part of the personal injury claims process, which begins when you report your injury to the insurance company to file a claim. When you decide to accept the insurance company’s settlement offer, the personal injury claims process will end at that point. If you reject the insurance company’s offer then the case goes Lawsuit.
A Guide: What is a personal injury claim settlement process?
To help you understand the personal injury claim process, we have broken down some of the steps as follows:
- Suffering an injury that wasn’t your fault.
- Your chosen claim specialist will start the claim process.
- You and your specialist will agree on a Letter of Engagement. This letter is also called the CFA or the ‘no win no fee’ agreement. This means that you do not have to pay the legal costs of your specialist.
- The specialist will investigate the matter and gather all evidence to make your case against the liable party.
- Your specialist will work out who is at fault in the claim. This is the person who is responsible for causing you the injuries; for example, it might be your employer if you suffered an injury at work or the fault of another driver if you suffered an injury on the road. Your specialist will send the Defendant a claim notification letter.
- The Defendant has 21 days to reply to the Letter of Claim, and then 3 months to investigate the claim themselves.
- When the defendant investigates the incident, they will do one of two things: a) They accept the injury is their fault. Now your claim specialist and the Defendant will talk about the cost of damages and how much settlement you should get, which could fall under a Part 36 Offer.b) The Defendant could deny liability or only admit partial liability.
- If the Defendant admits liability, then you need to attend a medical examination in order to assess the value of your compensation. you can send your medical reports to the third party because of his negligence you got injured.
- After the issuance of the proceeding, the Defendants have 28 days to file a Defence and all in all, the court process could take between 1 to 2 years to resolve, depending on the court’s schedule.
- You can reject the claims adjuster’s initial offer and make a counteroffer.
- Negotiations continue between 2 parties.
- You accept or reject the final settlement offer.
- The settlement is often reached before the case comes to trial. However, in the rare event that a settlement is not reached, the case will go to court where a Judge will decide who is liable and how much should be awarded in compensation.
How long does a personal injury claim take to settle?
The general settlement timeframes are as below which act as a rough guide for each type of personal injury claim.
|Claim Type||Estimated Case Settlement Timeframe|
|Road Accident Claim||4 – 9 months|
|Workplace Accident Claim||6 – 9 months|
|Slip, Trip, Fall Claim||6 – 9 months|
|Industrial Disease Claim||12 – 18 months|
|Medical Negligence Claim||18 – 36 months|
What are the settlement negotiation tips?
In order to negotiate a settlement, you should follow:
- Prepare yourself for the personal injury claim process as possible. Familiarize yourself with the steps involved in negotiating a settlement, and gather as much credible evidence of your injuries and other losses as possible.
- Have patient throughout the entire settlement negotiation process. Securing the maximum possible settlement is worth the wait.
- Be persistent in moving your claim forward. You should never rush the settlement process, be sure to respond to requests from the claims adjuster as quickly as possible.
How long does it take to receive my check after settlement?
It takes up to three weeks to receive a settlement check after submitting the release. Insurance companies are large entities and the release and disbursement must be approved at various levels including regional claims, claims supervision, accounting, legal and others.
A specialist can help
We can introduce you to a personal injury specialist who offers a no obligation free discussion via telephone. They can provide you with a quick decision on whether or not they can help with your personal injury claim settlement process. They can also provide details of what to do next so you can make an informed decision about your claim. Check Eligibility here.
Fill in the form below and we will introduce you to a claims specialist for your specific injury.